Ashwall V Lloyds TSB

[Ashwall]

Notice Of Application was sent 14 October 2008, Notice Of Hearing Application received today.. I did ask for a strike out without a hearing but the hearing takes place Next Thursday! ( 23 October 2008 )

 

Ok a little advice on how im going to present my case would be great, i guess im just following my docs that were sent with my claim and the details i have given in the Application Notice?

 

Any tips at this time would be most welcome

[Ashwall]

Thanks Steven

[havinastella]

Hi Ash,

 

Lloyds had until 13th October to submitt papaers to me, still nothing, will phone court in the morning and Issue N244 Tuesday.

 

Does it cost to issue the 244?

 

You may have to mail me Stevens advice

 

 

X x xx

 

JJOgs

[Ashwall]

yep it does cost... £75

[Ashwall]

Lets have a natter i'll bring you up to speed on what Steven has said and whats what.

[Ashwall]

Ok .. Im ready for tomorrow.. Wish me luck

 

I'll be sure to post here after Court with the outcome ...

[havinastella]

waiting

[Ashwall]

shockingly Lloyds TSB did send a local Solicitor to represent them at the Application hearing today!

Lucky for me i was sitting next to the desk otherwise i would not have known.. There were no introductions before entering the court. (Charming)

I have to say it threw me a little though i hadn't totally dismissed the posibility.

Thankfully there was enough time to nip outside for a quick smoke and call my brother for some calming advice

 

The judge was great, i explained from the outset that i am not familiar with the judicial system and have researched as much as i can to get this right today, i apologized for any mistakes i may have made or will make in advance. ( It works! through the hearing in response to the defense he often said " Miss Wall is a litigant in person and would not be expected to have know that" ... )

 

 

 

Ok... Basically the representing Lawyer stated that it has always been Lloyds Intention to defend this case without documental or written evidence, therefor there has been no failure to comply with the courts request for documents to be submitted by the 16th September.

Had i have had a legal representative then they would have phoned each other and i would have been aware of their intentions.

 

The judge made him state that that was indeed the intention of his client when the case is heard on Monday 27th October.

He then went on to say that was their right if they so wished to do so..

 

He told me that this would only help my case and would not imbalance proceedings.

 

Lloyds Lawyer did try to say that it was 14 days before the hearing date to submit documents and bringing this Application now a few day before the hearing date was a tactic on my part to bring this claim to a hasty and unfair conclusion.

The judge did not except that.

 

 

He denied that his client was in breech of the Data Protection Act 1998 stating they had sent me all the documents required under the SAR ( yes a list of bank charges and nothing else!)

 

The judge then told me he would not be excepting the application to strike out the case.

 

Lloyds lawyer then jumped in and said

"with regards to the charges the claiment is seeking they are too remote to be recoverable and if the judge refuses the application i have been instructed and i quote " INSTRUCTED" by my clients that the claimant pay my costs for today".

 

( At which point both the judge and myself near on choked with with utter disbelief)

 

 

The judge went on to tell him.. he had not refused the application in its entirety, he stated that it was a just and right Applicationmade by myself, had Lloyds had the courtesy to inform me and the court of its intentions then the Notice would not have been served, he awarded that Lloyds pay me the £75 fee as a wasted cost for the Application Notice.

 

We return to court on Monday when the judge will hear the case.. the case in which Lloyds TSB Bank will not be relying on and documental or written evidence what so ever in their defense to my claim!!

 

just one more interesting fact..

when i got home from court 2 big packs of bank statements and all relative data was waiting for me! Funny that as only an hour before their lawyer was telling the court that they had sent me everything that was required within the SAR therefore not in breech of the DPA!

 

I guess now this takes a different turn and i will need some advice on how to proceed on monday.. as im now just looking for a wasted cost order.

without evidence to substanciate their defense i need to make sure my case is water tight!

I WANT THOSE COSTS!!!!

[havinastella]

Excellent news and well done.

 

Hopefully someone in the know will be able to advise as to proceed now they have complied with your request. I would keep the envelope (hopefully it's franked) to prove that your request was 4 months late.

 

You may want to give the Court a ring tomorrow and ask for some advise as on how to get those 'damages'

 

I can't believe the audacity of these b@stards. At least I know what to expect on Tuesday! (yes the Court moved it)

 

X x x

 

Jogs

[Ashwall]

Hey Jogs,

Noway on the court date! So not fair! why do i have to go first! Lol.

 

Just be prepared for a lawyer to be there if they are not then great!

 

You will have your data tomorrow or monday .. no doubt!

 

Trouble is costs at the courts discretion.. make sure your case is water tight in the fact that they have been unreasonable.

 

Lloyds Lawyer will reffer to your N1 ..have it to hand and the evidence you have submitted to substantiate it, they dont have anything else to work with and will not have any evidence to support their claims, basically its a case of saying:

" Can you provide me or this court with any documented evidence to support what you have just stated"..........

that reply will be no.... because they cant, they have not submitted anythig!

 

I went in blind today, not knowing if anyone was going to be there ..or what was going to happen i was looking to strike out and was prepared for that .. my N1 was in my god damn bag! .. Bugger!..

 

They are going to say they have complied with the DPA 1998 and you have acknowledged the recipt of that by sending your LBA. You will need to be absolutley clear in your statement of case of what data you requested, what their responsibilities are as a Data Controller, and thier failure to comply under Section 7.

Good Luck...

Monday is it for me, i should have some great tips for you to take to court on Tuesday.

[Ashwall]

Spoke to SC&M this morning confirming recipt of data.

Explained to them that i would be seeking a wasted cost order unless their client wished to resolve this matter now and pay the costs in full.

 

They came cack to me with £250 plus the £75 awarded by the court yesterday. ( the total ammount of charges is £528.24) So they were basically offering half once the £75 awarded by the court was deducted.

 

I said i would take the offer as part payment and make the court aware of it.. she told me the offer was final and made without prejudice between myself and them and could not be disclosed in court!!

 

Costs are at the courts discretion i hope i have not messed up here by not excepting that offer

[Ashwall]

Resolved!

Just excepted an offer on the basis that the money is in my account today so i can inform the court on monday morning that this matter has been resolved over the weekend.

Happy Days!

[havinastella]

Hmmmm, guess what I received in the post today?

 

Two huge envelopes with everyything about my account with Lloyds except the kitchen sink.

 

No account charges but £1400 PPI on my first 'debt conciliation loan' this loan was refinanced onto another loan so I'll have to look at the ramifications of that. I'll have to pop into PPI forum and have a word with them about it.

 

I'll get my partner to ring the Solicitors to confirm receipt of the packages so will also be expecting a £250 settlement offer.

 

JOgs

[photoman]

Congratulations.

 

Presume this is for the full amount now?

 

Just subscribing and gonna have good read of this thread.

 

Already had one settlement from Lloyds regards a Business account, and now decided I'm gonna sort out the Personal accounts too.

 

These go waaaaaay back to the 80's, and through till about 2006.

 

Story so far:

Have sent of SAR's and LBA's.

Have now filed an application order on N244 at court for compliance and disclosure. Plus application for costs, and a fine to be issued.

Got a court date set for Nov 21st.

Not heard a peep from them so far !!

 

Imagine stuff will turn up on 22nd !!

 

Pm

[havinastella]

Hi Photoman

 

Ash and I were at exactly the same stage

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb.html?highlight=havinastella

 

 

Just got off the phone and the client is not prepared to settle my costs (strange) So I'll request the full amount on Tuesday Morning.

 

No skin of my nose.

[ukaviator]

Ashwall, was that for the full amount?